New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 1996 - SECT 149

149 Order for variation of contributions levied or manner of payment of contributions

(1) An Adjudicator may make either or both of the following orders if the Adjudicator considers that any amount levied or proposed to be levied by way of contributions is inadequate or excessive or that the manner of payment of contributions is unreasonable:

(a) an order for payment of contributions of a different amount,

(b) an order for payment of contributions in a different manner.

(2) If an Adjudicator considers that the consent of an owner referred to in section 77 has been unreasonably refused, the Adjudicator may make an order for payment of a different amount of one or more contributions levied or proposed to be levied by the owners corporation.

(3) If a contribution which is the subject of an order under this section has been wholly or partly paid:

(a) an order to pay more has effect as if the owners corporation had decided to levy a contribution equal to the difference, and

(b) an order to pay less imposes a duty on the owners corporation to refund the difference.

(4) An application for an order under this section may be made only by the lessor of a leasehold strata scheme, an owners corporation, an owner or by a mortgagee in possession (whether in person or not).